2004X Punishment Zi Chu No.25
Public prosecution agency; XX District People's Procuratorate of XX City:
Defendant Zhu XX, male,1was born in XX village, XX township on February 5, 1986, and was a senior three student in XX Middle School. On April 10, 2004, the suspect was arrested on May 2 of the same year for the crime of intentional homicide and detained in the detention center of XX Public Security Bureau.
Defender: lawyer of Gao XX Law Firm.
The People's Procuratorate of XX District of XX City filed a public prosecution against the defendant Zhu XX for intentional homicide. On May 0, 2004, our hospital prosecuted the defendant Zhu XX for the crime of intentional homicide with "X-Zi (2004)No. 122", and formed a collegial panel according to law. On May 25, 2004, the case was heard in public. Cheng XX, the procurator of XX District People's Procuratorate, appeared in court to support the public prosecution, and the defendant Zhu XX and his defender Gao XX attended the public prosecution. The case has now been closed.
The People's Procuratorate of XX District alleged that the defendant Zhu XX received a report on April afternoon 10, 2004, that Xu XX (female), a villager in XX village, XX township, was attacked by criminals at night, and her head was cut off many times, and her fingers were cut off, resulting in massive blood loss and life-threatening. The murderer escaped. In order to detect the case as soon as possible and catch the murderer, the bureau quickly organized forces and rushed to the scene to carry out investigations.
On-site investigation found that the crime was committed in a three-room tile house, north to south. There is a Bifurcated Bamboo Garden behind the house, with fences on both sides. There is an east-west river in the north of Zhuyuan, and a dam head leads to the opposite wheat field. There is a sole shoe print of a right foot on the mud at the dam head, which is 25.8 cm long. There is a small poplar tree on the river bank next to the dam head, with bloody handprints on it. Coming out of Xu XX's house, the kitchen is in the east and the room is in the west. The murder scene happened in the central hall. There is a square table on the right side of the hall and a square stool from the hall to the kitchen door. There is an unfinished sweater vest on the square stool. There is a pool of blood on the ground next to the square table and stool. There is a small amount of hair and three fingers cut off by the victim, as well as two small pieces of broken bones of the victim's occipital bone. On the ground next to a pool of blood in the center of the hall, there are still two traces of being cut by a firewood knife, one is the back of the knife and the other is the edge. There is blood on the corner of the table and the table top. On the partition walls on both sides of the hall, there are many blood spots, some are up and down, some are bottom-up, some are flat, and there are very high blood spots, the highest of which is 2.55 meters. There are two bolts on the back of the back door, and bloody fingerprints are left on both bolts and a door frame. From the azimuth point of view, they all belong to the right hand fingerprint. On the ground to the left of the back door, there is a kitchen knife with blood on it. After inspection, things such as cabinets and water tanks in the room and things in the kitchen have not been turned over. The water bottles and stainless steel pot on the big table in the first room are also placed as they are. The investigators recorded and photographed the scene in detail, and extracted the crime tools and related physical evidence.
Victim Xu XX, female, 3 1 year-old, has two children at home, the older one is 1 year-old and the younger one is 7 years old. My wife works in the provincial geological team. According to her self-report after waking up, after dinner on the day of the incident, around 8 o'clock, Xu Xian arranged for two children to sleep. At this time, she heard Chen XX, a neighbor next door, ask her to get bath water. She then took the door to Chen XX's house to fetch water and played in Chen's house for a few minutes. After the water came back, she didn't take a bath, but wiped herself with water. After that, I closed the door, lit a kerosene lamp, sat on the square stool near the kitchen door and knitted a sweater vest. After a while, a gangster suddenly jumped out of the kitchen. First, he slapped her on the back, then blew out the kerosene lamp on the table, and then raised his knife and cut it at her head and face. Soon, Xu XX fainted to the ground.
Forensic experts and doctors' appraisal conclusions and examination and diagnosis records confirmed that Xu XX's face was cut four times (* * * seam 1 1 needle, leaving obvious scars) and two teeth were knocked out; The back of the head was cut three times, many hairs were cut off, and two broken bones were taken out from a knife edge. The food, ring and third finger of the left hand were cut off, which was caused by Xu XX covering his head with his hand when he cut it off.
Defendant Zhu XX confessed to his actions and expressed regret. Gao XX, his defender, suggested that Zhu XX, the defendant, was a minor and his behavior was an attempted crime, so he should be given a lighter or mitigated punishment.
The public prosecution agency pointed out that the defendant Zhu XX acted cruelly with the aim of killing the victim. Although it failed due to reasons other than will, it was an attempted crime. However, according to the provisions of the Criminal Law, compared with the completed crime, the attempted crime is "possible" rather than "should" be given a lighter or mitigated punishment. Zhu XX's social harm is extremely serious, so it cannot be given a lighter or mitigated punishment.
We believe that the fact that the People's Procuratorate accused the defendant Zhu XX of intentional homicide is clear and accurate, and the evidence is sufficient and true. The defendant's behavior has violated the provisions of Article 232 of China's Criminal Law, which constitutes the crime of intentional homicide. Defender Gao XX thinks that the defendant Zhu XX is a minor and should be given a lighter or mitigated punishment, which is in line with the law, but his opinion that the defendant Zhu XX's behavior is an attempted crime and should be given a lighter or mitigated punishment is not in line with the law and will not be adopted. In accordance with the provisions of Articles 232, 17 and 23 of the Criminal Law, the verdict is as follows:
Defendant Zhu XX was convicted of intentional homicide and sentenced to 8 years in prison.
If you refuse to accept this judgment, you can appeal to the Intermediate People's Court of XX Province through our hospital or directly within 10 days from the second day after receiving the judgment. The appeal shall be submitted in one original and two copies.
Presiding judge: XXX
Judge: XXX
Acting judge: XXX
June 2004 15
Clerk: XXX